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Under Article 79 of the EAC Treaty, the Partner States have under- taken to harmonize and rationalize investment incentives to promote the Community as a single investment area while avoiding double taxation. Article 83 of the same Treaty states that the Partner States have committed themselves to adjust their tax policies to eliminate tax distortions. These provisions show the extent to which the EAC Partner States are willing to advance with tax integration as part of comprehensive regional...
Topics: EAC, Tax harmonisation, Tax coordination, Regional integratio
Custody is viewed as the most significant consequence resulting from the disruption of the marital bond in the presence of children as it is directly related to their fate after the separation of their parents. In this case, the person who is granted custody has the right and obligation to take care of the foster child and to manage his affairs as well. For this, it is generally said that the mother is the first person that can assume the guardianship of the child as she is entitled to do so....
Topics: Custody, Foster child, Mother, Marriage, Interest, Lawsuit
Miscellaneous Contributed Journals and Academic Newsletters
Apr 11, 2023 Vikas Trivedi, Sri Ram Khanna
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The Indian consumer protection law confines itself to Business to Consumer (B2C) transactions and leaves out Business to Business (B2B) transactions from its ambit. This issue has been a subject of litigation in consumer courts over the years. The Supreme Court of India has had to adjudicate the issue a number of times over last three and a half decades. A two Judge Bench of the Supreme Court of India (SCI) in the recent case of Shrikant G. Mantri vs Punjab National Bank again observed that...
Topics: Consumer Law, Commercial Purpose, B2B, B2C, Consumer Courts
Miscellaneous Contributed Journals and Academic Newsletters
Apr 11, 2023 Damilola Seun Adesanya
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Secured Credit Transactions (SCTs) are necessary and unavoidable transactions that business owners engage in to ensure their businesses thrive. However, because of the possibility that a person seeking to take a loan may be desperate and be taken advantage of in a time of dire need, or on the other hand, the possibility that the party may present fake properties as security for the loan, there are legal requirements that both the debtor and the creditor must meet. This paper addresses the...
Topics: Property, Loan, Debtor, Secured credit transaction, Creditor
Miscellaneous Contributed Journals and Academic Newsletters
Apr 11, 2023 Mejd Aures Benlala
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Because of the role that commercial banks play in today’s financial and banking system, this article discusses the activity of commercial banks with regards to how money (commercial bank money) is created. By exploring the nature of the fractional reserve banking system, this article establishes that commercial banks are not mere financial intermediaries, but rather exclusive money creator. A critical legal analysis of this money creation process concludes, with solid supporting arguments,...
Topics: Commercial banks, Fractional reserve banking, Legal analysis money creation
Miscellaneous Contributed Journals and Academic Newsletters
Apr 11, 2023 Khatuna Burkadze
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The rapid development of digital technologies and the pandemic experience at the international and national levels have made it clear that every day all key areas are undergoing digital transformation. From this perspective, the diplomatic service is no exception. Information and communication technologies have become the tools or means by which, at little or less cost and within a given time frame, a country can ensure the implementation of its foreign policy priorities. Furthermore, the...
Topics: Digital Diplomacy, Digital Transformation, Digital Policy
Miscellaneous Contributed Journals and Academic Newsletters
Apr 11, 2023 Levan Makhashvili, Emil Avdaliani
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This paper reviews the European Union-Georgia relations and explores why and how the Europeanization has been a tool for Georgia’s democratization. It examines the notions of Europeanization and democratization, and scrutinizes their linkage in the context of Georgia. In order to prove the research question, the research reviews several major official documents and implemented reforms, mostly in democracy, good governance, human rights, strengthening democratically accountable institutions,...
Topics: Association Agreement, Georgia, Europeanization, Democratization
Miscellaneous Contributed Journals and Academic Newsletters
Apr 11, 2023 Tamar Mskhvilidze
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Globalization increase transnational legal relations, which in turn gives rise to multinational disputes. In these circumstances, parties try to choose the court of the country whose favorable legis- lation gives a preference. By comparing potentially available courts, a plaintiff can determine where to begin litigation process. From a simple, rational choice perspective, it will select a forum whose substantive and procedural legal rules will produce the appropriate result.
Topics: Positive Conflicts of Jurisdiction, Forum Selection, Court Jurisdiction
The normal functioning of the justice system existing in the state, which should ensure the satisfaction of the private interests of the sub- jects of law, should be evaluated as an expression of public and private interests. After all, the well-being of the subjects of law is significantly determined by the existence of a flexible dispute resolution system and mechanisms, the correct formation and implementation of which guarantees the stability of the civil turnover and the satisfaction of...
Topics: Mediation, Alternative dispute resolution, Legal proceedings
After the Civil Code of Georgia entered into force in 1997, more than 25 years, the analog of the German family law at that time – Georgian family law – has not become the object of legislative changes. While all over Europe, around the fundamental core of so- ciety called the family, the states establish new regulations, create institutions, expand the concepts and support all this to the free de- velopment and choice of the individual, our family law is more and more distant from reality....
Topics: Marriage, Family law, Cohabitation, Act of solidarity, Couple
Miscellaneous Contributed Journals and Academic Newsletters
Apr 11, 2023 Meri Ketiladze
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As it is known, the court is the body that administers justice. Georgia has a system of general courts, including District, Appeal, and Cassation courts. The district court is a court of first instance covering the entire territory of Georgia. Considering the specificity of insolvency, its cases are considered only by the city courts of Tbilisi and Kutaisi. The powers assigned to the insolvency court include reviewing the application, opening the rehabilitation regime, appointing a...
Topics: Insolvency, Rehabilitation regime, Statement of insolvency, Insolvency court
In Islamic states, massive violation of human rights, sadly, is a well-known topic for the contemporary world. Much research and work has been published in this direction, which underlines the ac- tual situation in Islamic states concerning specific rights. The nov- elty of the particular work is not in discussing concrete right/rights, but in analyzing Islam's influence on the formation of the judiciary system and then on implementing the judiciary governance. The judiciary system is a...
Topics: Islamic state, Influence, Judicial system, Constitution, Religion
Miscellaneous Contributed Journals and Academic Newsletters
Apr 11, 2023 Guranda Misabishvili
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The topic concerns the legal features of refusing to accept an in- heritance. The prototype of rejection of inheritance originates from an- cient times. Roman law occupies a special place among the ancient legal systems, which belongs to the strong values of the legal culture, emphasizing its enormous importance for the legal development of both European and other states. According to the legislation in force in Georgia, the law regulates relations related to the refusal to accept an...
Topics: Estate, Heir, Refusal, Avoidance, Unacceptability, Term
The economic recession, COVID-19 pandemic, growing indebtedness of the consumers, and enhancement of credit borrowings such as credit cards, personal and household loans have led to the growing numbers of the credit default, and the subsequent surge of the debt collection practices in the World and Georgia is no exception. Even though private debt collection is necessary on the market, it usually involves abusive or unfair practices towards the debtors in the debt recovery process. This Article...
Topics: Private debt collection, Abusive and unfair practices, Harassment, Validation of debt, Licensing,...
Transnational organized crime and the fight against it are big challenges for the world. That is why international cooperation plays an important role in the fight against transnational organized crime. Two types of international cooperation should be distinguished: the cooperation between courts and judicial institutions and international police cooperation. In Georgian legislation, they are sharply separated from each other. The Law of Georgia “On International Cooperation in the Field of...
Topics: Palermo convention, Organized crime, Confiscation, International cooperation
This article is devoted to community service as an alternative to imprisonment and the legal problems of its use. It includes interesting and different views on the distribution of the benefit provided by the law of exemption from serving a sentence, which is based on a deep analysis of practice and research of scientific works. This small journalistic work is an attempt to make a modern scientific analysis of the introduction/establishment of a punishment that was previously foreign to our...
Topics: Community service, Evaluation criteria, Imprisonment, Resocialization, Judicial practice
Miscellaneous Contributed Journals and Academic Newsletters
Apr 11, 2023 Nino Kitoshvili
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Interpersonal relations are regulated by legal norms, which pro- actively and reactively control what a citizen should and should not do. Knowledge of the law and its norms contributes to the formation of law awareness and consciousness, expressed in human social attitudes towards order and law. In response to violating the rule of law, society applies reactive social control, which takes the form of punishment and whose purpose is to restore justice, prevent new crimes, and resocialize the...
Topics: Social control, Law consciousness, Crime
Miscellaneous Contributed Journals and Academic Newsletters
Apr 11, 2023 Kalenike Uridia, Elene Landia, Nikoloz Thomasiani
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 The parties come to a plea bargain, based on which the defendant receives a reduced punishment than would be appropriate in a formal trial. Based on its core, it is obvious that the given system largely favors the accused, but after a thorough investigation, we can see that several significant concerns need to be addressed right now. The purpose of the paper that is being provided is to examine the plea bargain, its growth over time, and its status in three distinct states. The writers of the...
Topics: The US, Germany, Georgia, Plea Bargain, Court
Miscellaneous Contributed Journals and Academic Newsletters
Dec 28, 2022 Amit Kumar Kashyap, Kanya Saluja
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In the legal interpretation of the grounds for setting aside arbitral awards, the ambiguity in the recourse against an arbitral award is an issue of genuine concern and relevance. The various amendments and judicial precedents made under Section 34 in the Arbitration and Conciliation Act 1996 have provided a near end to the definition of Public Policy. However, it is still an area that requires various changes to make the practice of setting aside Arbitral awards an exception rather than a...
Topics: Judicial Review, Patent Illegality, Arbitration
Demand deposits (current accounts) are crucial to banks activity, particularly with regards to granting loans. For commercial banks, the primary source of funds is bank deposits. This article attempts to analyze and discuss the legal nature of the demand deposit contract, with a particular focus on the widely agreed upon characterization of this contract as a loan contract in all today’s legal systems (Common law, Civil law, Islamic law and hybrid legal systems). After discussing the...
Topics: Demand deposit contract, Loan contract, Civil Law, Common law, Islamic law and jurisprudence
The purpose of writing this research is to find an analysis of the Data Protection bill with reference to the parameters of data protection and the right to privacy attached to it. The bill contains lot many aspects of creating privacy standards and the legislation related to data protection is much needed for an hour. Aim: The aim of the study specifically covers the aspects of digital data and its protection related to it. The study covers aspects related to bill wherein the individual data...
Topics: Data Protection Bill, Right to privacy, Constitutionality, Regulatory Framework
There are more than 200 sovereign states on the globe, and they all have unique characteristics. On the globe, no two states are the same. The idea of territoriality, which divides states into federal and unitary states, is one of the most significant characteristics that set them apart. One of the most powerful nations in the world, the United States of America continues to work hard to protect all that is important to its citizens while maintaining strong democratic principles. American...
Topics: The US, Constitution, Federation, State
Miscellaneous Contributed Journals and Academic Newsletters
Dec 28, 2022 Irakli Leonidze, Mariam Rubashvili
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One of the forms of realization of the principle of private autonomy in civil law is fiduciary relations. In general, in contemporary law, the institution of representation is the basic cornerstone upon which many legal relationships are built. The importance of the institution increases one or two times in private law, when a person or an organization that, due to the various reasons in legal relations, is unable to represent its interests, starts to act and conduct legal actions through a...
Topics: Representation, Typology, Problem
The presented article is dedicated to the trends of development of Georgian private law from the 90s to our days. In the scientific work are considered several essential legal reforms in the direction of both general private law and special branches of private law (labor law, corporate law). Accordingly, the article explores the grounds for legislative changes, their negative and positive sides. The purpose of the research is, first of all, to determine what are the features of common law and...
Topics: Private Law, Development, Legislative Changes, European Law
This article discusses self-defense in the context of domestic violence. In Georgian reality, the boundaries of self-defense are generally narrowly defined; however, when self-defensive violence occurs in the family when the aggressor is an intimate partner and the defender is a woman, the accused faces even more barriers to justice, which is determined by gender stereotypes and traditional views on domestic violence. There is a difficult situation regarding femicide in Georgia; in 2021, 22...
Topics: Self-defense, Battered Woman, Discrimination
All human beings are born free and equal in dignity and rights. The fight against discrimination is recognized by the Constitution of Georgia – “All persons are equal before the law”, any kind of discrimination is not allowed. This is emphasized in the principles and norms specified in international conventions and declarations. The obligation to study the discriminatory motive within the framework of the full, comprehensive and objective investigation stipulated by the procedural legis-...
Topics: Crimes motivated by intolerance committed on the grounds of discrimination, Hate Crime, Evidence...
The topic of the scientific work is relevant both in international and national legislation. The minimum age of criminal liability is the limit from which the state begins to implement its repressive measures against minors. Therefore, it is important to regulate the minimum age in such a way that it is in harmony with the bio-psycho-social condition of the minor and to achieve the goals of criminal law, in terms of analyzing the committed crime, and at the same time, the main goal of...
Topics: Age, Juvenile, Responsibility, Resocialization
Miscellaneous Contributed Journals and Academic Newsletters
Dec 28, 2022 Giorgi Kveliashvili
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Moral norms date back centuries. In a specific time and space, morality took a higher place than codified legal norms. The development of law has led to the fact that today codified acts have a predominant place in legal proceedings, although due to the important place of moral rules in society, the legislator did not deny its importance in the Civil Code of Georgia. On the one hand, taking into account the role of morality in society and reinforcing its importance with the Civil Code is a...
Topics: Morality, Autonomy of the will of persons, Problems
The rights and duties of the director in entrepreneurial activities are regulated by both the 1994 and 2021 editions of the Law of Georgia “On Entrepreneurs”. The powers assigned to him/her include leadership and representation of the entrepreneurial company. The legal relations of the director often goes beyond the scope of corporate law. Accordingly, the rights and duties established by other fields of law apply to him. One of them is the law of insolvency, which provides for the...
Topics: Insolvency, Restructuring Regime, Manager
With the weakening of the Islamic State, many French and Georgians who had joined the organization, were arrested by the Syrian Democratic Forces (SDF) in Syria and by the Iraqi authorities. These people have been placed either in detention in Iraq or in camps in Syria with catastrophic health and security conditions. Even if France and Georgia are unambiguously reluctant to repatriate their nationals who have joined Daesh in order to try them on their territory, it is appropriate to ask...
Topics: Daesh, Judging terrorism, Iraqi justice, Child in Syria
The existing paradigm of biomedical research ethics, based on respecting the free and informed consent of the research participant, originates from the famous Nuremberg Trial (1947), where the Nazi doctors were convicted of killing and torturing prisoners using medical experiments in German Concentration Camps during World War II. Since the second half of the 20th century, several international instruments have been developed to protect the rights of persons involved in research, considering...
Topics: Biomedical Research, Reasearch ethics, Moral
Freedom of expression is critical for a state with democratic principles. A democratic society cannot exist in the absence of freedom of expression. A high quality of freedom of speech, sanctioned by statute and executed, is required for a person to voice his critical view about current events in the country without interference from the authorities. The purpose of this study is to focus on freedom of expression as one of the most important democratic values in the world. The paper discusses...
Topics: Freedom of expression, American standard, European Court of Human Rights standard, Georgian standard
Miscellaneous Contributed Journals and Academic Newsletters
Oct 13, 2022 Mariam Darchia
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Agricultural cooperatives have a huge history in Georgia. Roots of cooperation in Georgia date back as early as the 19th century. Although, legal regulations of the agricultural cooperatives in Georgia appeared only in 2013 when the Georgian Law on Agricultural Cooperatives was created and entered into force on the 12 of July. Before the specific provisions for the agricultural cooperatives, the regulation on different types of cooperatives existed in the law on Entrepreneurs, however,...
Topics: Agricultural Cooperative, Georgia, Law, Tax exemptions
Miscellaneous Contributed Journals and Academic Newsletters
Oct 13, 2022 Zaza Sukhishvili
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Despite the interesting history of the concession, the existence of official and private legal international foundations and scientific works for the creation of concession legislation, in the legislation of Georgia, it was not possible to determine the academic definition of concession as a legal institution. The nature of the concession agreement was not understood and distinguished, that is, a concession is a transfer of the right, not the property, however, a concession agreement is the way...
Topics: Concession, Term, Definition, Investment
The article discusses sediment as one of the sources of acquisition of property rights in Roman and ancient Georgian law. Even Roman jurists drew attention to the fact that the flow of the river sometimes led to an increase or decrease in land plots adjacent to the channel. The article examines the rules related to sediment in Roman law and Georgian feudal law, based on the analysis of which the types of sediment were distinguished, in the form of insignificant increase of land over time....
Topics: Ownership acquisition, Sediment, Mineral
Miscellaneous Contributed Journals and Academic Newsletters
Oct 13, 2022 Levan Meskhoradze
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On March 11, 2020, the World Health Organization declared a coronavirus pandemic. The economy stopped, the lives of billions of people changed. As a result of pandemic, a number of constitutional rights have been restricted. Restrictions imposed during the state of emergency affected public life and threatened the implementation of international human rights instruments at the national level. Number of States declared state of emergency to tackle with pandemic. Herewith, a few states refrained...
Topics: Defence of Freedom, European court, Human rights
This work covers the philosophical analysis of research of criminal law problems according to the works published in “Philosophical Quests” Collection of the Academy of Philosophic Sciences of Georgia by one of the modern prominent representatives of Georgian jurisprudence, Professor Guram Natchebia. Namely, it covers the philosophical problems of crime as deny of law, its concept-forming categories, deliberate crime as the idea and basis of value error and criminal relations, boundary...
Topics: Guram Natchkebia, Positive Responsibility, Irresponsibility, World-view error
The article analyzes the case where, according to the factual circumstances, the person should have been acquitted of murder, but instead he was punished. self-defense is the human right to defend oneself from an aggressor. The basis of self-defense justification is the human right to life, the right to protect it from an aggressor. The article is a critical analysis of the judicial interpretation of the limits of self-defense. The article refers to the decisions of the Zugdidi District Court...
Topics: Self-defense, Personal Defence, Boundaries of Self-Defense
Miscellaneous Contributed Journals and Academic Newsletters
Oct 13, 2022 Irakli Nadareishvili, Shota Kakulia
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The approach used to investigate cybercrime in developed nations is examined in this article, along with the innovations that might be implemented in Georgia to ensure successful investigations. Detailing the procedures outlined under the Budapest Convention on Computer Crimes, attention is given to the procedural issues that crop up while gathering and presenting electronic evidence in criminal investigations. The conventions individual articles are examined, including those that deal with...
Topics: Budapest Convention, Preservation of Computer Data, Requesting Information, Digital Evidence,...
Miscellaneous Contributed Journals and Academic Newsletters
Oct 13, 2022 Salome Tezelashvili
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When we talk about blockchain and smart contracts, it is necessary to consider the parties participating in them, their rights and obligations, as well as the prerequisites for concluding a smart contract, namely, offer and acceptance. We also have to understand how it is used in different fields of law. As we are aware, blockchain is considered as the fourth generation industrial revolution. Its creation is related to a person named Sabo, it is still unknown who he was – it means that we do...
Topics: Smart contract, Cryptocurrency, Algorithm
The case is known around the world as a drama steeped in mystery, international intrigue, professional jealousy, political tension and conspiracy, which raised the issue of copyright in biblical manuscripts. This legal saga has sparked debate not only in the academic community studying the scrolls, but also among copyright lawyers around the world. The decision of the Supreme Court raises a fundamental question about the choice made of the rule of private international law in the context of...
Topics: Presumption of identity, Copyright, Moral Rights
There is a provision in the criminal procedural legislation that creates a danger of covert violation of the basic human right – freedom. This threat arises at the first presentation session against the detained accused, when the court assigns the accused another, lighter, restraining measure instead of imprisonment. Despite the courts decision, the defendant is not immediately released from the courtroom. According to the Code of Criminal Procedure, at this time there is the use of...
Topics: Bail, Jail, Principle, Restriction, Harmonization
Miscellaneous Contributed Journals and Academic Newsletters
Jul 8, 2022 Vikash Kumar Upadhyay, Tarkesh J. Molia
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 India is a secular nation where innumerable followers of religions, sects live. The Constitution of India gives the protection for freedom of religion. The protection is not available to all types of religious practices. This protection is available to only those practices which are essential to religion. Whether any religious practice is essential or not? To adjudicate this Indian Supreme Court has adopted the ‘Doctrine of Essential Practice Test’. This paper explore the development of...
Topics: Secularism, Freedom of Religion, Fundamental Rights, Constitution of India
Miscellaneous Contributed Journals and Academic Newsletters
Jul 8, 2022 Khatuna Burkadze
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 Against the background of the growing development of information and communication technologies and the digital transformation of various fields, it has become possible to produce war using digital tools. Today a cyberattack can cause similar or more damage than a conventional operation. This, in turn, changes the traditional perception of armed attack and creates the possibility to say that cyberattacks may significantly harm the country's defense capabilities, and security, and impede the...
Topics: Cyberattacks, Defense, State, Non-state Actors
The jury is critical to the establishment of democratic government across the world. Community engagement in the legal system is one of the most successful and intriguing strategies that has been in use for many years in many nations throughout the world. Despite the favorable aspects, there are a few little details that might be problematic. The paper's focus is on the jury systems in Georgia and Ireland. Ireland and Georgia belong to distinct legal families; in specifically, Georgia is a...
Topics: Court of Jurors, Judge, Verdict, Georgia, Ireland
The Constitution of Georgia guarantees the principle of equality of all human beings and the prohibition of discrimination on any grounds. It is this principle that is the highest guarantee to the use of all effective mechanisms to combat crimes of intolerance committed on the groundsdiscrimination. Furthermore,, the criminal procedure legislation enshrines an obligation of a comperhensive investigation of a crime committed on the grounds of discrimination. Georgia has an obligation to produce...
Topics: Crime of intolerance committed on the Grounds of Discrimination, Statistical Information, Practice
The thesis is about "Determining the place of residence and rights and responsibilities of a juvenile child in the case of parental divorce" which focuses on one of the most acute and always controversial problems in our country. In Georgia, there are frequent cases when the parents of a juvenile are divorced or living separately and can not agree about with whom to stay their child to raise. Judicial practice in this regard is common and in every new case are made largely different...
Topics: Taking into account the interests of a juvenile, Rights and responsibilities of a divorced parent,...
Institute of Feudal Property Rights’ fundamental research is important for studying the Georgian law institutions of this period. The original means of obtaining property rights, including military trophy, have not yet been well explored. Due to peculiarities of feudal relations, the only thing that always connected the royal government with the fiefs during the period of Georgia’s unification or fragmentation into kingdoms was the obligation to military campaigns. Commitments were imposed...
Topics: Military booty, Acquisition of property rights, Fanjiaki
Miscellaneous Contributed Journals and Academic Newsletters
Jul 8, 2022 Khatia Kukchishvili
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The present article discusses the impact of criminal policy on juvenile justice. The current state of repressive and liberal criminal policy and its consequences in Georgia in 2004-2021 are analyzed. Explains what repressive and liberal criminal policy means and what positive and negative impact criminal policy can have on juvenile justice. The years 2004-2021 are conventionally divided into two parts: ● 2004-2012 – When a repressive criminal policy was announced in the country, which in...
Topics: Juvenile, Repressive, Justice, Liberal
Miscellaneous Contributed Journals and Academic Newsletters
Jul 8, 2022 Irakli Nadareishvili, Shota Kakulia
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This article emphasizes the types and threats of cybercrime related to cryptocurrencies. The necessity of implementing legislative regulations and invention of administrative control mechanisms in connection with the growth of the digital economy is also discussed. The presented article also elucidates features of cyber-cartels and their new instruments, such as “Auction Robots”, for committing illicit activities as the new type of the organized crime in a digital world. This work also...
Topics: Cryptocurrency, Cryptojacking, Cyber-Cartel, Digital Economics, Cybercrime
International law is not a panacea, and it is not always capable of ensuring international peace, as a result of which there are multiple international conflicts coexisting in current geopolitics. Armed conflicts are the source of a bleak reality that primarily affects the population living in conflict zones. During the war, those people's rights are frequently violated. It makes it necessary for international law to operate in a way that reduces the possibility of human rights violations. The...
Topics: Human rights, Legal Protection, International Law, Armed Conflicts
Miscellaneous Contributed Journals and Academic Newsletters
Jul 8, 2022 Ana Tseradze
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The present article deals with marriage, as one of the important institutions of family law. With the development of mankind marital relationship have also changed significantly. The article discusses legal nature of marriage and related legal regulations. The article discusses the legal nature of marriage and related regulated to it. Marriage has a centruries-old history and it takes its origin from the birth of mankind. Today the study of the institution of marriage is driven by the needs of...
Topics: Marriage registration, Unregistered marriage, legal consequences of a registered marriage
Miscellaneous Contributed Journals and Academic Newsletters
Jul 8, 2022 Natia Rekhviashvili
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The Civil Code of Georgia offers norms regulating credit relations. In Georgia, the loan relationship is actively used in the relationship between the customer and the credit organization. Many disorders occur in this process of this relationship. However, the loan relationship is characterized by many features, so it is important to correctly define what ethical obligations any credit organization may have to the consumer and how it should be regulated at the legislative level. While talking...
Topics: Loan, Contact, Duty
Miscellaneous Contributed Journals and Academic Newsletters
Jul 8, 2022 Tamar Mskhvilidze
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Arbitration is the most common form of dispute resolution in international transactions and commercial relations. The reason for its success is attributed to a number of advantages that arbitration has over court proceedings. There is no lex fori in international arbitration, it can be said that all laws are foreign. Because the principle of autonomy of the parties gives the parties the freedom – regardless of where the arbitration takes place – to decide which law to apply, a wide range of...
Topics: Foreign rules, Jura novit curia, Arbitration
In order to adequately protect property rights, it is necessary to apply the principles of legality in practice, namely: the documents submitted for registration, should be thoroughly checked, it should be determined whether technical errors are allowed, because the evidence in the case Substantial errors: in the part of the address, street name, owner name and surname, which was naturally the basis for the public registry not to carry out registration on the basis of a document with such...
Topics: Real estate, Civil turnover, Registry
Transnational organized crime and the fight against it is a significant challenge for our country. Palermo Convention The same United Nations Convention against Transnational Organized Crime was adopted by the UN General Assembly on 15 November 2000 with the aim of promoting cooperation in the fight against transnational organized crime. The article examines in depth Article 5 of the Palermo Convention, which calls on member states to directly criminalize participation in organized crime...
Topics: Palermo Convention, organization crime, Organized crime group
Miscellaneous Contributed Journals and Academic Newsletters
May 5, 2022 Olalekan Moyosore Lalude & Ayoyemi Lawal-Arowolo
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 Environmental racism is a phenomenon defined by an unfair allocation of environmental risks. It is a systematic violation of the right to a safe and healthy environment. Environmental racism takes root in the colonial prioritization of race in the distribution of social and environmental benefits. The environment should not be treated like an infinite garbage can. The economic polarity of the world will always have some people on the receiving end of an ordeal. In contradistinction to the...
Topics: Environmental Racism, Africa, E-waste, Environmental Rule of Law.
The purpose of this research was to identify the law applicable to the delimitation of the Caspian Sea and selecting the best approach in this regards. In this sense, in the beginning, the geopolitical significance of the Caspian Sea in the region and the importance of the Convention on the Legal Status of the Caspian Sea were reviewed. In order to examine applicable law, international legal resources under Article 38 of statute of international court of justice (ICJ) and the best current...
Topics: Norm of sea delimitation, Caspian Sea, International law of the sea.
Business law includes contractual, labor, corporate, tax and other relations. However, the purpose of the study is to highlight and analyze only few interesting issues since it is physically impossible to cover all its aspects within the framework of one article. First of all, it is necessary to determine the legal basis for doing business in Germany and then – the features of starting and doing business. Therefore, this paper serves as a concise methodological guide to the regulation of the...
Topics: Business Sphere, Germany, Contracts, Labour Relations.
Miscellaneous Contributed Journals and Academic Newsletters
May 5, 2022 Khatuna Burkadze
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The COVID-19 pandemic has created the largest disruption of education systems affecting nearly 1.6 billion learners in more than 190 countries.1 Closures of schools and other learning spaces have impacted 94 percent of the world’s student population, up to 99 percent in low and lower-middle-income countries.2 Despite pandemic education systems have been transformed by using information and communication technologies. Digital platforms and applications have become key instruments for...
Topics: Digital Transformation, Legal Education, Coronavirus.
Mediation is a process based on the interests of the parties, which increases the mediator's rights to the extent permitted by the disputing parties. The story of the apple heart and rind related to mediation also seems to be easily understood, but, at the same time, it is considered to be a complex problem. In collective disputes, the right of the Minister of Labor, Health and Social Affairs to receive a report from a mediator comes in collision with the requirement of the normative act to the...
Topics: Mediation, Confidentiality, The Legitimate grounds for break of cinfidentiality and business...
In 2017, Georgia has ratified the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and has taken the responsibility to evaluate the form of gender discrimination such as sexual harassment as the act of violence against women and to take all appropriate measures to ensure that any form of unwanted sexual behavior (verbal, non-verbal or physical) which intended to cause or interferes with a person's dignity and in...
Topics: Sexual Harassment, Administrative Violation, Gender-based Violence.
The importance of the scientific paper is due to the combined theoretical and practical analysis of the norm-principles of juvenile justice and the report of individual evaluation; in particular, the study of case law. The research uses the method of analysis and comparison, the method of logical reasoning and reasoning, the method of studying and generalizing specific criminal cases and established judgments. The structure of the paper is a kind of chain that is logically related to each...
Topics: Principle, Suitability, Sentence.
Blockchain and its practical realization as cryptocurrency in particular, is the subject of serious discussions both in the world of computer technology and in the financial industry. People who have been able to access the basic aspects of blockchain networking principles are quite quick to conclude that the origin and subsequent development of this technology could significantly change the picture of the modern world. A document created by Satoshi Nakamoto in 2008 what's more, the Bitcoin...
Topics: Smart contract, Blockchain, Bitcoin.
Public activity has undergone a transformation and the integrity of administrative contract law can no longer be based on the traditional notion of administrative contract. The legal regime of the administrative contract was developed to justify the application of norms different from private law. This connection between the notion of an administrative contract and its specific legal regime explains that questioning the traditional notion of an administrative contract has implications for...
Topics: Administrative Contract, Public, Services.
Miscellaneous Contributed Journals and Academic Newsletters
May 5, 2022 Bakur Liluashvili
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The paper discusses such an important institution of Georgian civil procedural law as procedural complicity. In particular, the legal grounds for co-participation in civil proceedings, such as: 1) the subject matter of the claim, 2) the common right and 3) the basis of the claim. We considered it necessary to discuss the above preconditions in order to avoid mistakes in resolving the issue of involving the parties (plaintiffs) and the parties (parties) participating in the proceedings. Making...
Topics: Right, Claim, Ground.
Miscellaneous Contributed Journals and Academic Newsletters
Dec 29, 2021 Mikheil Gabunia, Lika Kavtuashvili, Ani Aslanishvili, Anano Motsonelidze
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In modern criminology, the threefold division of the causes of crime is accepted: physical; Anthropological and social. However, it should be noted that in modern criminology there is an opinion that the reasons are divided into two parts. In particular, physical factors should be removed from this classification and the causes of crime should be divided into social and anthropological categories. For modern criminology, in relation to the causes of crime, it would be most appropriate to take...
Topics: Cause, Criminality, Criminology
Miscellaneous Contributed Journals and Academic Newsletters
Dec 28, 2021 Tamar Mskhvilidze
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Private international law plays an important role in defining applicable law and regulating private international law relations. Foreign law is significantly different from local law. Judges do not have the right to change the content of foreign law, they simply have the opportunity to reject or apply foreign law. When a judge is obliged to make a decision based on the rules of national law in the process of legal proceedings, it is clear that the law of a foreign country can- not enjoy the...
Topics: Conflict, French, Local, Reference
This article is related to issues of interpretation of certain norms defined under General Administrative Code of Georgia and Law of Georgia on Police. In particular, Article 3 of the General Administrative Code of Georgia regulates the scope of this code. However, pro-vision of the Article 4 does not contain any reference to the administrative offenses committed by the police and other administrative bodies, what in specific cases may lead to ambiguity in regards the scope of this code – as...
Topics: Body, Governance, Offense
Miscellaneous Contributed Journals and Academic Newsletters
Dec 28, 2021 Salome Tezelashvili
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The article discusses about the smart contract, its concept and legal nature, as well as the place of smart contracts in the Technology Law, which means a discussion on the important issues covered by this topic. At the same time, smart contracts are com- pared to the usual standard contract, where their pros and cons are discussed. The importance and necessity of both types of contracts in relation to the current reality will also be discussed. At the same time, the article discusses about the...
Topics: Computer algorithm, Kryptowaluty, Smart contract
The inheritance right is one of the basic human rights, which is protected and guaranteed by the Constitution. This fact implies that the state has certain obligations to recognize this right. The article deals with the case where the heir does not want to receive the inheritance because the testator has creditors who seek to meet the obligations left by the testator. This issue has become more frequent in recent years, as it is not yet regulated at the legislative level, so I will offer...
Topics: Creditor of the heir, Fulfillment of the obligation on by the heir, Refusal to accept the...
The protection of personal human rights is especially important after the death of the victim. First of all, it is necessary to determine what is meant by the personal rights of a person, what personal rights can be protected after the death of the victim, in order to determine what is meant by the protection of the personal rights of the deceased. Then it is necessary to find out what the characteristics of a person are, by whom, how and in what form these rights are protected, and what harm...
Topics: Dead, Personal Rights, Protection
The goal of the present article is to give the reader an insight in the problems of regulating pet issues in Georgia, as well as ongoing trends and up-to-date views in the European countries, to identify the causes of problems of legal regulation and management in the given field and to give an impetus to those interested in the topic and problems to find ways to address the problem. The source of the article was the effective legislation of Georgia, which was duly studied, including the...
Topics: Humane, Pet, Right
Present work was written as a part of doctoral research. It aims to generate reasonable arguments on whether it is just to prosecute and punish a person that was entrapped by an agent-provocateur. In other words − does criminal entrapment constitute a substantive defence for an entrapped person or not? In scientific literature the matter is traditionally discussed within the scope of criminal procedure (admissibility of evidence, fair trial etc.) while arguments from substantive criminal law...
Topics: Exemption from liability, Provocation of crime, The purpose of punishment
This article examines the issue of information asymmetry in consumer law and deliberates on the necessity of regulation of the status of a consumer and their protection mechanisms. It is evident that the relevant Georgian law, by and large, does not guarantee the sufficient safeguarding level and thus the approximation to the respective EU legislation cannot be deemed successful in toto. Furthermore, this article analyzes the Draft Law of Georgia on the Protection of Consumer Rights and...
Topics: Behavioral Law and Economics, Consumer Credit, Informing Consumers
This paper examines various laws governing telecommunication installations in Nigeria with a view to addressing the perceived shortcomings in the laws. While the National Environmental Standards Regulatory and Enforcement Agency Act (NESREA Act) and the National Communications Commission (NCC Act) have been enacted to solve the problems associated with the effects of telecommunication mast installation in public places, the outcome of these laws seem inadequate for failure to provide effective...
Topics: Electromagnetic Frequency, Environment, Installation, Nigeria, Telecommunications
The work discusses Personal Data Protection system under the European Union law, also Personal Data Protection in Georgia and the compatibility of those two regimes. Moreover, there were men- tioned ways how Georgia can adopt regulations and harmonize its legislation, to be compatible with the European Union Personal Data Protection regime. The work emphasized efforts of Georgia on the path of developing its Personal Data Protection system. The many citizens of Georgia don’t even have a...
Topics: Association Agreement, Data Transfer, Personal Data
Miscellaneous Contributed Journals and Academic Newsletters
Dec 28, 2021 Khushboo Garg, Dr. George G. Tumanishvili
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The Covid-19 pandemic changed the world and accelerated processes that could have taken decades without a pandemic. In this paper, the authors discuss the public and government responses to the new normal, nowadays reality, and most importantly, the legal regulations that have been enacted in different countries in response to the challenges. The paper discusses in detail issues related to security measures, social distance, gender issues, abortion, education and student mobility, employment,...
Topics: Legal, Pandemic, Response
Miscellaneous Contributed Journals and Academic Newsletters
Dec 28, 2021 Dr. Khatuna Burkadze
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In the digital era, technological advances have brought innovative opportunities. Artificial intelligence is a real instrument to provide automatic routine tasks in different fields (healthcare, education, the justice system, foreign and security policies, etc.). AI is evolving very fast. More precisely, robots as re-programmable multi-purpose devices designed for the handling of materials and tools for the processing of parts or specialized devices utilizing varying programmed movements to...
Topics: Artificial Intelligence, Automatic Routine Tasks, Digitalization
Miscellaneous Contributed Journals and Academic Newsletters
Sep 23, 2021 Otar Gogolishvili
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Georgian Customary law embraces many types of punishments. Among them the suffering and corporal punishments are commonly known, such as cutting, cursing, stoning, public humiliation , property or compositional punishments and etc. These are forms of punishment, which were widespread in almost all part of Georgia. Some of them were characteristic for separate region, for example, cutting was characteristic for Georgian law in Pshavi. It is undoubtedly proved with historic and ethnographic...
Topics: Customary Law, Lex Talionis, Punishment on Property, Stoning
Miscellaneous Contributed Journals and Academic Newsletters
Sep 23, 2021 Ana Gotsiridze
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The Institution of Adoption has ancient historical roots, its regulations have evolved and changed over the years. The process of Adoption, by its nature, is closely connected with the protection of the rights of children. In international agreements and treaties, it is evident that child should and must be raised up in a family, take into consideration their interests. Protection of child’s interests is as much important case for our country as well. In order to have a deep understanding of...
Topics: Adoption, Protection, Secrecy
Miscellaneous Contributed Journals and Academic Newsletters
Sep 23, 2021 Khatia Tsetskhladze
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The research problem of this article will address the specific issues related to mental health in a legal context. The aim of the research is to outline established practices and show us the situation in this regard. To achieve this goal, legal norms are reviewed, both internationally and domestically. Also, cases from court and reports of the Public Defender of Georgia. Research has shown that protecting the right to health is problematic. In particular, mental health services are less...
Topics: Human rights, Mental Health, Patient
Miscellaneous Contributed Journals and Academic Newsletters
Sep 23, 2021 Tamar Khujadze, Mariam Khujadze
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In a modern juridical state, the presence of a flexible and effective executive system has special importance, as not only the juridical act’s smooth functioning but also the country’s economic development and population’s social state is in direct proportion to the effectiveness of the mentioned system. Executive law term is often defined in doctrine as a law of constraint, power, as “enforcement” itself means using force and involvement in a person's rights (by executive party...
Topics: Enforcement, Protection, Right
Miscellaneous Contributed Journals and Academic Newsletters
Sep 23, 2021 Law and World
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The paper presents the principle as a research issue as a basis for identifying a legislative gap. In terms of research methodology, the paper uses an inductive and deductive method that plays the lion's role in shaping the final conclusion. Especially important is the legitimacy method, which broadly shows the importance of the principle in the development of law, for law and justice. The aim of the paper is to cover the issue with a new approach, in particular, the paper combines, on the one...
Topics: Gap, Harmonization, Legislation
Miscellaneous Contributed Journals and Academic Newsletters
Sep 23, 2021 Law and World
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This article discusses the scope of the right to give birth at home as reproductive self-de- termination in the context of Georgian law and the case-law of the European Court. Georgia, like many other member states of the Council of Europe, unconditionally prefers the model of hospital delivery to protect maternal and fetal life and health. It is true that under Georgian law, home birth is not prohibited as such, however except for emergencies, medical staff is authorized to provide medical...
Topics: Home Birth, Human rights, Reproductive Self-determination
Miscellaneous Contributed Journals and Academic Newsletters
Sep 23, 2021 Law and World
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This article examines the autonomous field of Law and Economics, indicates the importance of integrating the economical methodology in the process of comprehensively understanding the normative order and laments over the undesirable shortage of interdisciplinary education and academic dialogue regarding Law and Economics in Georgia. Moreover, this paper deliberates on the relevance of the Coase theorem for lawyers and policy-makers, displays the specific recommendations of its application in...
Topics: Cap and Trade, Coase Theorem, Environmental Law, Law and Economics
Miscellaneous Contributed Journals and Academic Newsletters
Sep 23, 2021 Law and World
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The main goal of this paper is to outline the importance of Article 4 in the daily work of the North Atlantic Treaty Association. The paper answer the questions such as: in what cases are consultations called? Who can apply for consultations in NATO? What role does consultation play in the organization's decision-making? What kind of consultations can hold in the organization? A broad definition of consultation in the paper demonstrates its importance and effectiveness in the work of an...
Topics: Consultations, NATO, Security
Miscellaneous Contributed Journals and Academic Newsletters
Sep 23, 2021 Law and World
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The purpose of this article is to present one of the most problematic issues in the Civil Code of Georgia, which is manifested in the confusion of the institution of subrogation in insurance law with such institutions as cession and the condition of regression. They are close in content to each other, and this fact makes it difficult to see differences between them. Seeing the difference in content between them has not only theoretical but also practical significance, as each institution is...
Topics: Compare, Insurance, Problems
Miscellaneous Contributed Journals and Academic Newsletters
Sep 11, 2021 Salome Tsurtsumia
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The role of mediation as mechanism for the amicable settlement of disputes is growing in the modern legal sector. Mediation is an alternative dispute resolution mechanism in modern law, and the Committee of Ministers of the Council of Europe recommended to use it in administrative disputes in 2001*. Mediation as the alternative dispute resolution mechanism is actively applied in civil disputes in Georgian legal sector, although it has not gained popularity in administrative disputes....
Topics: Administrative Dispute, Alternative Dispute Resolution, Mediation
Miscellaneous Contributed Journals and Academic Newsletters
Sep 11, 2021 Nazi Janezashvili
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Due to the special importance of the European Convention on Human Rights, the article discusses the judgments of the European Court of Human Rights regarding sexual offences, which establish violations of various rights protected under the Convention. In addition, it is mentioned in the article whether the practice of the national courts complies with the standards of the European Convention on Human Rights. The approaches of the ECtHR on this issue is very interesting, in particular, on the...
Topics: Implemetation, Investigation, Rape
Miscellaneous Contributed Journals and Academic Newsletters
Sep 11, 2021 Eva Gotsiridze
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The article concerns the legal issues of the “Conscientious objection”, primarily that of substantiation of the question –whether an individual’s act, motivated by religious or non-religious beliefs and denying to observe certain legal requirements, will gain legal protection; The Author represents all related issues, factors and circumstances, that should be taken into account and the corresponding scheme of the analysis and substantiation, with several important crossroads. By the...
Topics: Conscientious objection, ID cards, Obligation
Miscellaneous Contributed Journals and Academic Newsletters
Sep 11, 2021 Gia Liluashvili
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The purpose of this article is to clarify the essence of international labor law (transnational labor law). This article presents and analyzes the relationship of international labor law with public international law and national labor law. The article also focuses on the possibility of considering it as a complex field. The article emphasizes the importance of introducing international labor law as a subject in higher education. The article quotes and discusses the opinions of various scholars...
Topics: International Labor Law, Public Law, Specific Field of Law
Miscellaneous Contributed Journals and Academic Newsletters
Sep 11, 2021 Tamar Gegelia
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The purpose of this article is to show the narrow boundaries and incompleteness of the Georgian legislation regarding rape, which fails to cover all the actions from which the protection of an individual's negative sexual freedom is the responsibility of the state. The article aims to show the reader the advantages of the new approach in parallel with the critique of the old law regarding rape, which means expanding the scope of the definition of rape and hence criminalizing more actions. For...
Topics: Consent, Discrimination, Rape
Miscellaneous Contributed Journals and Academic Newsletters
Sep 11, 2021 Ekaterina Pipia
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The status of the LLC shareholder characterizes the legal status of the shareholder, its legal relationship with other shareholders, the LLC itself, management of the LLC, and third parties. Although the legal status of LLC shareholder (its rights and obligations) is prescribed under Georgian law, issues related to its definition are still relevant, as Georgian legislation is limited to general regulation only, and Georgian case law and legal literature are also characterized by the scarcity of...
Topics: Share of the Shareholder, Shareholder Status, Shareholder’s Authority
Miscellaneous Contributed Journals and Academic Newsletters
Sep 11, 2021 Ali Mashhadi, Mohammad Ali Kafaei Far, Seyed Mohammad Hossein Mirzadeh
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From past up to here one of the most important questions in international law has been focused on how interpretation of IL texts and instruments should be elaborated. Answering this question definitely, we could see the positive results. Despite all of the efforts of ICJ, UN special comities for conclusion of VCLT in 1969 and the other international law organs, we observe basic problems and inconveniences while trying to understand IL instruments and texts. Some scholars have tried to create...
Topics: Cognitive Complements, International Law Language, Linguistics, Pragmatics
Miscellaneous Contributed Journals and Academic Newsletters
Sep 11, 2021 Fang Gao, Ruina Feng
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Reproductive vulnerability is a pervasive social issue that requires efforts from multiple government departments and social groups to solve. However, China has traditionally focused on the reproduction function of the family and marginalized women's reproductive autonomy and related rights. Based on the overview of the existing literature, we have a better understanding of the fertility experience of Chinese women when facing the fertility policy, focusing on their continued harm, neglect and...
Topics: Family planning, Family support, Fertility vulnerability
Miscellaneous Contributed Journals and Academic Newsletters
Sep 11, 2021 Dhruvin N. Dosani, DR. Tarkesh J. Molia, DR. Vikash Kumar Upadhyay
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As per 7th Schedule of Constitution of India, 1950 there is sub-division of three lists namely Union list, State list and Concurrent list, which gives a detailed insight of powers of law making with both Centre and State in our country. Due to this both Centre and State have their exclusive domain wherein they can exercise their law-making power. During this exercise of power, which has been so specifically demarcated, can there be dispute of any kind? Answer is yes, Centre has often encroached...
Topics: COVID-19, Disaster Management, Federalism
The research shows that the issue is very relevant, as the interests of two subjects of law are at stake. On the one hand the interest of the rightful owner who owns the real estate and on the other hand the interests of the private mortgagors who have mortgaged the real estate in exchange for a certain amount. Attention should be drawn to the fact that the Court of Appeals, in its reasoning, refers to mortgagors as the acquisition of immovable property, which is a wrong approach, since...
Topics: Crime, Real estate, Registry
The article critically discusses the special definition of infant homicide by the mother. Unlike traditional Georgian books, this essay analyzes the causes of neonaticide and its historical, cultural and socio-economic contexts, under the influence of which it has taken the form it has today. The traditional argument for the lenient punishment of neonaticide is the direct link between a woman's psychosis and childbirth trauma, which is criticized in this article and supports a new understanding...
Topics: Discrimination, Infanticide, Neonaticide
The article reviews the essence of blockchain – the technology of new generation, raised from the computer and internet development. The article also analyses several aspects in legal regulation of one of the most famous cryptocurrencies: Ethereum by using the blockchain technology. Except for that, the article describes steps of computer and internet development and the involvement of blockchain in these steps, as a revolutionary invention. The article analyses the essence of blockchain...
Topics: Bitcoin, Blockchain, Ethereum